Understanding Treaty Rights and Responsibilities
- Settler Treaty RightsBriarpatch magazine.
On being here to stay : treaties and Aboriginal rights in Canada by Call Number: MC A83 N34 2014ISBN: 1442610026Publication Date: 2014Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.
Getting Started
Historic treaties refer to treaties negotiated between 1701-1923. For transcripts of the treaties listed below see Treaty Texts from the Government of Canada.
Map retrieved from Indigenous and Northern Affairs Canada.
Treaties of Peace & Neutrality (1701-1760)
Treaties from the 1701 Albany Deed to the 1760 Treaty of Swegatchy and the Huron-British Treaty.
- Indigenous and Northern Affairs Canada - Treaties of Peace and NeutralitySummary of the Treaties of Peace and Neutrality.
- Indigenous and Northern Affairs Canada - Treaty Texts: Treaties of Peace and NeutralityTranscripts of the Treaties of Peace and Neutrality.
Homelands and empires: Indigenous spaces, imperial fictions, and competition for territory in northeastern North America, 1690-1763 by ISBN: 9781442614055Publication Date: 2017- The Making of the Huron-British Treaty of 1760 - Solemn Words and Foundational Documents byPublication Date: 2018
Peace & Friendship Treaties (1725-1779)
Signed between the L'nu (Mi'gmaq, Micmac, Mi'kmaq), Wolastoqiyik (Maliseet, Malicite), and British.
- Indigenous and Northern Affairs Canada - Peace and Friendship TreatiesSummary of the Peace and Friendship Treaties.
- Indigenous and Northern Affairs Canada - Treaty Texts: Peace and Friendship TreatiesTranscripts of the Peace and Friendship Treaties.
Royal Proclamation of 1763
"[A] foundational document in the relationship between First Nations people and the Crown and laid the basis for Canada's territorial evolution" (From Indigenous and Northern Affairs Canada).
"Most Indigenous and legal scholars recognize the Royal Proclamation as an important first step toward the recognition of existing Aboriginal rights and title, including the right to self-determination" (From Indigenous Foundations).
- Established the treaty making process, the limitations of westward colonial settlement, Canada's Indian Department (created in 1755 and served as the main point of contact between Canada and First Nations), and peaceful relations [see Upper Canada Land Surrenders].
- Digitized copy of the original document.
The Robinson-Superior and Robinson-Huron Treaties (concluded 1850)
In the 1840s, miners and prospectors arrived in unceded Anishinaabe territory. Following violent clashes, the federal government sent in William Benjamin Robinson to negotiate treaties. The Huron nations refused the original terms, so treaty was made first with the Lake Superior nations. Lake Huron nations followed afterward. The model of the Robinson treaties became the blueprint for the rest of the historic treaties moving forward.
- This is Indian land: the 1850 Robinson treaties byCall Number: MCE H45 N36 2016Publication Date: 2016The essays collected in this book explore various aspects of the 1850 Robinson Treaties; most speak to the Robinson-Huron Treaty a few speak to the Robinson-Superior Treaty.
Douglas Treaties (1850-1854)
Also known as the Vancouver Island Treaties and the Victoria Treaties. From 1850-1854, Governor James Douglas negotiated a series of fourteen treaties from Indigenous nations around Fort Victoria, Fort Rupert, and Nanaimo. The signatory tribes include: Teechamitsa, Kosampson, Whyomilth, Swengwhung, Chilcowitch, Che-ko-nein, Ka-ky-aakan, Chewhaytsum, T’Sou-ke, Saanich (South), Saanich (North), Saalequun, Queackar, and Quakiolth. The present day Douglas Treaty First Nations (as recognized by the provincial and federal government) include the Esquimalt, Songhees, Sc'ianew (Becher Bay), T'Sou-ke, Tsawout, Tsartlip, Pauqhachin, Tseycum, Snuneymuxw, Kwakiutl, Malahat, Nanoose, Namgis, K'ómoks, and Gwa'sala-'Nakwaxda'xw.
Colonial authorities thought of these treaties as simple land transactions between the First Nations of the island and the British Crown. These treaties were negotiated and agreed to through oral discussions and only put in written form afterwards.
- Douglas Treaty TextsThe exact treaty texts for each treaty signed by the fourteen tribes. Note that they were only written down by colonial officials after agreements were made.
- Douglas Treaties Map (Hul'quim'num Treaty Group)Shows the Douglas Treaties on Vancouver Island in British Columbia.
To share, not surrender: Indigenous and settler visions of treaty making in the colonies of Vancouver Island and British Columbia by Call Number: MBD C66 S43 2021ISBN: 9780774863827Publication Date: 2021Fantastic resource for the Douglas treaties in particular.
And, how the newly arrived people recognized our responsibilities to the land. And, that with the new beginning that we would live on these lands with respectful relationship with one another. The W̱SÁNEĆ and the White People.
STOLȻEŁ John Elliott, Sr.'s translation of the W̱SÁNEĆ treaty with James Douglas. In .
- lək̓ʷəŋən and W̱SÁNEĆ translations of the Douglas TreatyTranslations by Dr. Elmer George (Songhees) and STOLȻEŁ John Elliott, Sr. (W̱SÁNEĆ). From To share, not surrender: Indigenous and settler visions of treaty making in the colonies of Vancouver Island and British Columbia.
- To Fish as Formerly: A Resurgent Journey back to the Saanich Reef Net FisheryBy Nicholas XEMŦOLTW Claxton. The W̱SÁNEĆ Reef Net Fishery formed the backbone of W̱SÁNEĆ culture and society, and the right to "fish as formerly" was enshrined to the W̱SÁNEĆ within the treaty signed with James Douglas.
- Treaty Texts - lək̓ʷəŋənThe Lekwungen tribes include the Teechamitsa, Kosampson, Swengwhung,Chilcowitch, Whyomilth and Che-ko-nein.
- lək̓ʷəŋən and W̱SÁNEĆ translations of the Douglas TreatyTranslations by Dr. Elmer George (Songhees) and STOLȻEŁ John Elliott, Sr. (W̱SÁNEĆ). From To share, not surrender: Indigenous and settler visions of treaty making in the colonies of Vancouver Island and British Columbia.
Makúk: a new history of Aboriginal-white relations by Call Number: FBB L88 M35 2008ISBN: 9780774855594Publication Date: 2008A history of the relationship between Indigenous peoples, mostly the Lekwungen and other Salish on the island, and white settlers.
- Treaty text - Snuneymuxw and Nanoose (Snaw'naw'as)Included as the Saalequun Tribe - Nanaimo
- Snuneymuxw First Nation signs historic MOU with province and fedsIn 2021, the province of BC and federal government formalized recognition of the Snuneymuxw Treaty of 1854, one of the few Pre-Confederation treaties on Vancouver Island, affirmed by section 35 of Canada’s Constitution.
- Snuneymuxw Memorandum of UnderstandingSigned in 2021.
In 1850 the Kwixa and Kwakiutl worked out agreements with the HBC commonly known as the Douglas Treaties. The treaty allotted them eight reserves.
Numbered Treaties (1871-1921)
There are 11 treaties that were negotiated between 1871 and 1921, referred to as the Numbered Treaties.
- Treaties - iPortalU of S's Indigenous studies portal allows you to search for resources related to each treaty.
- Indigenous and Northern Affairs Canada - Maps of Treaty-Making in CanadaMaps illustrating the Pre-1975 Treaties of Canada, that were negotiated between 1725 and 1923. These treaties cover most of Ontario, the Prairie Provinces, parts of Vancouver Island, Northwest Territories and Atlantic Canada.
- Indigenous and Northern Affairs Canada - Treaty Research ReportsHistorical interpretations and research reports on treaties.
No surrender: the land remains indigenous by Call Number: M K73 N6 2019ISBN: 0889776067Publication Date: 2019"Between 1869 and 1877 the government of Canada negotiated Treaties One through Seven with the Indigenous peoples of the Great Plains. Many historians argue that the negotiations suffered from cultural misunderstandings... but the Canadian government had a strategic plan to deceive over the "surrender clause" and land sharing. According to Sheldon Krasowski's research, Canada understood that the Cree, Anishnabeg, Saulteaux, Assiniboine, Siksika, Piikani, Kainaa, Stoney and Tsuu T'ina nations wanted to share the land with newcomers--with conditions--but were misled over governance, reserved lands, and resource sharing.- On being here to stay : treaties and Aboriginal rights in Canada by Call Number: MC A83 N34 2014ISBN: 1442610026Publication Date: 2014Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.
- iPortal - Treaty OneResources about Treaty One from U of S's indigenous studies portal.
Breathing life into the Stone Fort Treaty : an Anishinabe understanding of Treaty One by Call Number: MCD C739 B74 2013ISBN: 9781895830644Publication Date: 2013Also available online.
- Voices in the wilderness : Treaty 3 & the dissent of the supreme court in St. Catherine'sBy Kathryn Gunn (2019). Thesis.
- Qu'Appelle Treaty, or Treaty 4 - Bounty and Benevolence byPublication Date: 2000
- Lake Winnipeg Treaty, or Treaty 5 - Bounty and Benevolence byPublication Date: 2000
- Treaty Six - Treaties in AlbertaPrimer on Treaty Six.
Bounty and Benevolence: A History of Saskatchewan Treaties by Call Number: M R39 B68 2000ISBN: 0773520236Publication Date: 2000
The true spirit and original intent of Treaty 7 by Call Number: MCB T7 T7 1996ISBN: 0773515224Publication Date: 1997
- Treaty 8 - Bounty and Benevolence byPublication Date: 2000
Treaty No. 9: making the agreement to share the land in far northern Ontario in 1905 by Call Number: MCE L66 T74 2010ISBN: 9780773537606Publication Date: 2010-11-19John Long shows that many crucial details about the treaty's contents were omitted in the transmission of writing to speech, while other promises were made orally but not included in the written treaty. This book reveals the contradictions that suggest the treaty parchment was never fully explained to the First Nations who signed it.
- James Bay Treaty (Treaty No. 9)A digitized copy of the original document is available on this page.
- James Bay Treaty Online ExhibitCreated in August 2020, this exhibit from the Ontario Archives explores different interpretations of the James Bay Treaty, the background behind the treaty’s creation and its impact on Indigenous communities, and the role that archival records and other forms of memory have come to play in the story of Treaty No. 9.
- In Their Own Land: Treaty Ten and the Canoe Lake, Clear Lake, and English River bandsBy Peter Dodson and the Elders of Birch Narrows, Buffalo River, Canoe Lake, and English River. August 2006
- Treaty 10 - Bounty and Benevolence byPublication Date: 2000
- On the Land Cession Provisions in Treaty 11 byPublication Date: Ethnohistory, 07/2013, Volume 60, Issue 3This paper provides evidence that, notwithstanding the written text, Treaty 11 was a peace and friendship treaty rather than one in which the Dene surrendered ownership and jurisdiction of their lands to Canada, thereby indicating clearly that oral understandings better reflect the terms of this Canadian treaty (and by implication others of the times) than written accounts do.
Upper Canada Land Surrenders (1781-1862) & Williams Treaties (1923)
Fifteen land surrenders took place from 1783 to 1812 in Southern and Central Ontario.
- Indigenous and Northern Affairs Canada - Upper Canada Land Surrenders and the Williams TreatiesSummary of the Upper Canada Land Surrenders and the Williams Treaties.
- Indigenous and Northern Affairs Canada - Treaty Research Report, The Williams Treaties (1923)Research report on the Williams Treaties.
Other Treaties
Treaty of Paris (1763)
- The Treaty of Paris was signed by the colonial powers of France, Britain, and Spain. France ceded colonial territories in North America to Britain, creating the basis for the modern nation state of Canada.
- The Canadian Encyclopedia provides a summary of the Treaty of Paris.
Peguis-Selkirk Treaty (1817)
- The Peguis-Selkirk Treaty was signed by five chiefs and Lord Selkirk in the area that is now known as the Red River Valley of Manitoba.